The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1887-05-18

in cities Of The second and third class two
fifths shall be paid for the use Of the city
I two-iilths for the use Of she proper county
and one-iiIth iof The use OF tho esilmcD-
wealth in townships oDe-lialf sIIall be paid
for the use OF the township, one-tourth ior
TIN. use Of the proper county. and onef fourth
for tie use of the commonwealth. The sums
so paid for the Use OF the townships to be ap-
piled to keeping the roads Of smch township
in good repair, Pyorsfed. That counties, cit
les, boroughs and townships receiving parts
of said licenses shall bear their proportionate
share Of the expenses attending the collection
ef the saline, and Proeiied, further. That the
treasnrers of the several counties shall appro-
pirate for their own lIse the same commits
sions ON the amounts retained for the use of
their respective counties rs they are now au-
thorized TO retain by law out Of the monies
they returned TO the state.
SIC, o. II any person or persons shall neg
leet or refuse 10 pay 20 the city or county
treasurer the sum of money directed in sec
ton eight within fifteen days after his, her,
or their application has been granted. by said
court, then and in that case the said grant
shall be deemed and held revoked, and no
license issued. II shall be the duty of the
person or persons whose application has
been grapted by the said court to pay the
said sum of money to the said treasurer with
in the said fifteen days, and forthwith pro-
ducc 20 and file with the clerk of court the
receipt of the said treasurer therefor, and
upon any default the said clerk shall forth
with mark said application and grant re-
yoked7
/ SIC. 10. That the license shall not be is
sued to any person or persons until he she
or they shall have executed bond to the
commonwealth, and warrant Of attorneys to
confess judgment in the penal sum Of two
thousand dollars. with sufficient sureties to
be approved by the court granting such IL
cense conditioned for the faithful observance
of the laws of this commonwealth relating
to the selling or furnishing of yinous, spirit
nous malt or brewed liqgors, or any admix-
ture thereof, AID to pay all damages which
may be recovered IN any action which may
be instituted against him, her or them un-
der the provisions "a any act Of the assembly
and all costs, fines, or penalties which may
be imposed upon him. her, or them under
the provisions Of any act of the assembly and
all costs. fines and penalties which my be
imposed upon him. her, or them under any
Indictment for violating this act or any 9TH
er act of assembly relating TO selling or fur
nishing liquors ~ aforesaid, and the said
bond shall be flied in the office Of the clerk
Of the said court for the use and benefit Of all
persons interested therein.
SCI IL. The constables of the respective
ards, bore lghs OF township in each county
shall in the first week in each term of the
court ofquarter sessions make returns under
oath of all places in his bailiwick where vi
nous, spirituous, malt or brewed liquors, or
amy admixture thereof are kept for sale or
sold except stores kept by druggists and
apothecares, stating which Of said places are
licensed under this act and which are unli-
censed, and it shall be the especial duty of
the Judge of said court to see that this return
is faithfully made And on failure of any
constable to comply with this provision, or
if it be found upon examination or inquiry
by said court that any constable has either
wilfully or negligently omitted to return all
such houses and the names of the prOprietors
thereof in his bailiwick. he shall be ,ield
guilty of wilfuIly or negligently making a
false return, and the court shall suspend him
from office and direct the district attorney to
indct and try said officer and if found gull
~ he shall be fined in a sum not ex xceeding
five hundred dollars and undergo an inn
prisonment either simple or solitary not ex-
ceeding two years both or either in the dis
cretion of the court.
SEC. r. Ii shall be the duty of each con- |
stable in the county to visit at least once in !
each month all places within their respective /
Jurisdictions where any of said liquors are
sold or kept 10 ascertain if any of the pro-
visions of this or any act of assembly rela- |
ting to the sale OF furnishing of such liquors 4
have been or are being violated, and when /
ever any ctthe officers above mentioned shall 4
learn of any such violation it shall be his
duty to forthwith make written returns of /
the same to the court ofquarter sessions with |
the names of the witnesses, and to do what /
ever shall be in his power To bring the Of 4
fender to justice and upon any neglect or re-
fnsal of any of said officers to perform the 1
aforesaid duty the said court shall impose 4
the same penalties Provided in section eleven /
of this act
SEC Is. Every person receiving such IL
eense 10 sell spirituOus, vinous, malt or brew
ed liquors or any admixture thereof shall /
frame his license under glass and place the
same so that it shall at all times be eonspic-
uous and easily read in his chief place of
making sale and no such license shall au-
thorize sales by any person who shall neg
lect this requirement.
SEC Il No licensee who shall sell liquors
by less measure than one quart shall trust or
give credit therefor, under penalty of losing
and forfeiting such debt, and no action shall
be maintained or recovery had in any case
for the value of liquors sold in violation of
the provisions of this section, and defense
may be taken in said eases against such re-
covery without special plea of notice.
SIC. -. Any person who shall hereafter be
convicted of selling or offering for sale any
yinous, spirituOus. malt or brewed liquors.
or any admixture thereof without a License,
shall be sentenced to pay a fine of not less
than five hundred dollars nor more than
five thousand dollars and undergo imprison-
ment in the county Jail of not less than three
months nor more than twelve months. ANY
person having license Sho shall hereafter be
convicted of violating any of tie provisions
of the license laws shall be subjected to a fine
OF not less than one hundred nor more than
five hundred dollars, and of any second Of
fense whereof he shall be convicted of not
less than three hundred nor more than one
thousand dollars. and for any third offense
whereof he shall be convicted fine of not
less tl.an five hundred nor more than FIVE
thousand dollars, and undergo imprisonment
in. the county jail not less than three months
nor more than twelve months, or both or
either at the discretion of the court Any
person convicted OF more than one offense
shall not again be licensed in sny city or
county of the commonwealth, snd the IL
cense of any person permitting the customa-
ry visitation of disreputable persons, or keep
ing disorClerIy place. may upon proof be at
any time revoked by the court. and when
once revoked by the court and when thus
the same party shall not again be IL
censed in any city or county ofthe common